Chapter 2917: OFFENSES AGAINST THE PUBLIC PEACE

(A)
No
person shall knowingly engage in conduct designed to urge or incite another to
commit any offense of violence, when either of the following apply:

(1)
The conduct takes place under
circumstances that create a clear and present danger that any offense of
violence will be committed;

(2)
The conduct proximately results in the commission of any offense of violence.

(B)
Whoever violates
this section is guilty of inciting to violence. If the offense of violence that
the other person is being urged or incited to commit is a misdemeanor, inciting
to violence is a misdemeanor of the first degree. If the offense of violence
that the other person is being urged or incited to commit is a felony, inciting
to violence is a felony of the third degree.

(A)
No
person shall participate with four or more others in a course of disorderly
conduct in violation of section
2917.11 of the Revised Code:

(1)
With purpose to commit or facilitate the
commission of a felony;

(2)
With
purpose to commit or facilitate the commission of any offense of violence;

(3)
When the offender or any
participant to the knowledge of the offender has on or about the offender's or
participant's person or under the offender's or participant's control, uses, or
intends to use a deadly weapon or dangerous ordnance, as defined in section
2923.11 of the Revised Code.

(B)

(1)
No person, being an inmate in a detention
facility, shall violate division (A)(1) or (3) of this section.

(2)
No person, being an inmate in a
detention facility, shall violate division (A)(2) of this section or section
2917.03 of the Revised Code.

(C)
Whoever violates
this section is guilty of aggravated riot. A violation of division (A)(1) or
(3) of this section is a felony of the fifth degree. A violation of division
(A)(2) or (B)(1) of this section is a felony of the fourth degree. A violation
of division (B)(2) of this section is a felony of the third degree.

(D)
As used in this section, "detention
facility" has the same meaning as in section
2921.01 of the Revised Code.

(A)
No
person shall participate with four or more others in a course of disorderly
conduct in violation of section
2917.11 of the Revised Code:

(1)
With purpose to commit or facilitate the
commission of a misdemeanor, other than disorderly conduct;

(2)
With purpose to intimidate a public
official or employee into taking or refraining from official action, or with
purpose to hinder, impede, or obstruct a function of government;

(3)
With purpose to hinder, impede, or
obstruct the orderly process of administration or instruction at an educational
institution, or to interfere with or disrupt lawful activities carried on at
such institution.

(B)
No person shall participate with four or more others with purpose to do an act
with unlawful force or violence, even though such act might otherwise be
lawful.

(C)
Whoever violates this
section is guilty of riot, a misdemeanor of the first degree.

For the purposes of prosecuting violations of sections
2917.02 and
2917.03 of the Revised Code, the
state is not required to allege or prove that the offender expressly agreed
with four or more others to commit any act that constitutes a violation of
either section prior to or while committing those acts.

(A)
Where five or more persons are participating in a course of disorderly conduct
in violation of section
2917.11 of the Revised Code, and
there are other persons in the vicinity whose presence creates the likelihood
of physical harm to persons or property or of serious public inconvenience,
annoyance, or alarm, a law enforcement officer or other public official may
order the participants and such other persons to disperse. No person shall
knowingly fail to obey such order.

(B)
Nothing in this section requires persons to
disperse who are peaceably assembled for a lawful purpose.

(C)

(1)
Whoever
violates this section is guilty of failure to disperse .

(2)
Except as otherwise provided in division (C)(3) of
this section, failure to disperse is a minor misdemeanor.

(3)
Failure to disperse is a misdemeanor of the fourth
degree if the failure to obey the order described in division (A) of this
section creates the likelihood of physical harm to persons or is committed at
the scene of a fire, accident, disaster, riot, or emergency of any kind.

A law enforcement officer or fireman, engaged in suppressing
riot or in protecting persons or property during riot:

(A)
Is justified in using force, other than deadly
force, when and to the extent he has probable cause to believe such force is
necessary to disperse or apprehend rioters;

(B)
Is justified in using force, including deadly
force, when and to the extent he has probable cause to believe such force is
necessary to disperse or apprehend rioters whose conduct is creating a
substantial risk of serious physical harm to persons.

(A)
No
person shall recklessly cause inconvenience, annoyance, or alarm to another by
doing any of the following:

(1)
Engaging in
fighting, in threatening harm to persons or property, or in violent or
turbulent behavior;

(2)
Making
unreasonable noise or an offensively coarse utterance, gesture, or display or
communicating unwarranted and grossly abusive language to any person;

(3)
Insulting, taunting, or
challenging another, under circumstances in which that conduct is likely to
provoke a violent response;

(4)
Hindering or preventing the movement of persons on a public street, road,
highway, or right-of-way, or to, from, within, or upon public or private
property, so as to interfere with the rights of others, and by any act that
serves no lawful and reasonable purpose of the offender;

(5)
Creating a condition that is physically
offensive to persons or that presents a risk of physical harm to persons or
property, by any act that serves no lawful and reasonable purpose of the
offender.

(B)
No
person, while voluntarily intoxicated, shall do either of the following:

(1)
In a public place or in the presence of
two or more persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which
conduct the offender, if the offender were not intoxicated, should know is
likely to have that effect on others;

(2)
Engage in conduct or create a condition
that presents a risk of physical harm to the offender or another, or to the
property of another.

(C)
Violation of any statute or ordinance of which an
element is operating a motor vehicle, locomotive, watercraft, aircraft, or
other vehicle while under the influence of alcohol or any drug of abuse, is not
a violation of division (B) of this section.

(D)
If a person appears to an ordinary observer to be
intoxicated, it is probable cause to believe that person is voluntarily
intoxicated for purposes of division (B) of this section.

(E)

(1)
Whoever
violates this section is guilty of disorderly conduct.

(2)
Except as otherwise provided in division (E)(3) of
this section, disorderly conduct is a minor misdemeanor.

(3)
Disorderly conduct is a misdemeanor of the fourth
degree if any of the following applies:

(a)
The offender persists in disorderly conduct after reasonable warning or request
to desist.

(b)
The offense is
committed in the vicinity of a school or in a school safety zone.

(c)
The offense is committed in the presence
of any law enforcement officer, firefighter, rescuer, medical person, emergency
medical services person, or other authorized person who is engaged in the
person's duties at the scene of a fire, accident, disaster, riot, or emergency
of any kind.

(d)
The offense is
committed in the presence of any emergency facility person who is engaged in
the person's duties in an emergency facility.

(F)
As used in this section:

(1)
"Emergency medical services person" is
the singular of "emergency medical services personnel" as defined in section
2133.21 of the Revised Code.

(2)
"Emergency facility person" is
the singular of "emergency facility personnel" as defined in section
2909.04 of the Revised Code.

(3)
"Emergency facility" has the
same meaning as in section
2909.04 of the Revised Code.

(4)
"Committed in the vicinity of a
school" has the same meaning as in section
2925.01 of the Revised Code.

(1)
Hamper the lawful operations of any law
enforcement officer, firefighter, rescuer, medical person, emergency medical
services person, or other authorized person, engaged in the person's duties at
the scene of a fire, accident, disaster, riot, or emergency of any kind;

(2)
Hamper the lawful activities
of any emergency facility person who is engaged in the person's duties in an
emergency facility;

(3)
Fail to
obey the lawful order of any law enforcement officer engaged in the law
enforcement officer's duties at the scene of or in connection with a fire,
accident, disaster, riot, or emergency of any kind.

(B)
Nothing in this section shall be
construed to limit access or deny information to any news media representative
in the lawful exercise of the news media representative's duties.

(C)
Whoever violates this section is guilty
of misconduct at an emergency. Except as otherwise provided in this division,
misconduct at an emergency is a misdemeanor of the fourth degree. If a
violation of this section creates a risk of physical harm to persons or
property, misconduct at an emergency is a misdemeanor of the first degree.

(D)
As used in this section:

(1)
"Emergency medical services person" is
the singular of "emergency medical services personnel" as defined in section
2133.21 of the Revised Code.

(2)
"Emergency facility person" is
the singular of "emergency facility personnel" as defined in section
2909.04 of the Revised Code.

(3)
"Emergency facility" has the
same meaning as in section
2909.04 of the Revised Code.

(A)
No
person shall knowingly make or cause to be made a telecommunication, or
knowingly permit a telecommunication to be made from a telecommunications
device under the person's control, to another, if the caller does any of the
following:

(1)
Makes the
telecommunication with purpose to harass,
intimidate, or abuse any person at the premises to which the
telecommunication is made, whether or not actual communication takes place
between the caller and a recipient;

(2)
Describes, suggests, requests, or proposes that the caller, the recipient of
the telecommunication, or any other person engage in sexual activity, and the
recipient or another person at the premises to which the telecommunication is
made has requested, in a previous telecommunication or in the immediate
telecommunication, that the caller not make a telecommunication to the
recipient or to the premises to which the telecommunication is made;

(3)
During the telecommunication, violates section
2903.21 of the Revised
Code;

(4)
Knowingly
states to the recipient of the telecommunication that the caller intends to
cause damage to or destroy public or private property, and the recipient, any
member of the recipient's family, or any other person who resides at the
premises to which the telecommunication is made owns, leases, resides, or works
in, will at the time of the destruction or damaging be near or in, has the
responsibility of protecting, or insures the property that will be destroyed or
damaged;

(5)
Knowingly
makes the telecommunication to the recipient of the telecommunication, to
another person at the premises to which the telecommunication is made, or to
those premises, and the recipient or another person at those premises
previously has told the caller not to make a telecommunication to those
premises or to any persons at those premises;

(6)
Knowingly makes any comment, request, suggestion, or
proposal to the recipient of the telecommunication that is threatening,
intimidating, menacing, coercive, or obscene with the intent to abuse,
threaten, or harass the recipient;

(7)
Without a lawful business purpose, knowingly interrupts the
telecommunication service of any person;

(8)
Without a lawful business purpose, knowingly transmits to
any person, regardless of whether the telecommunication is heard in its
entirety, any file, document, or other communication that prevents that person
from using the person's telephone service or electronic communication
device;

(9)
Knowingly makes any false statement concerning the death,
injury, illness, disfigurement, reputation, indecent conduct, or criminal
conduct of the recipient of the telecommunication or family or household member
of the recipient with purpose to abuse, threaten, intimidate, or harass the
recipient;

(10)
Knowingly incites another person through a
telecommunication or other means to harass or participate in the harassment of
a person;

(11)
Knowingly alarms the recipient by making a
telecommunication without a lawful purpose at an hour or hours known to be
inconvenient to the recipient and in an offensive or repetitive
manner.

(B)

(1)
No
person shall make or cause to be made a telecommunication, or permit a
telecommunication to be made from a telecommunications device under the
person's control, with purpose to abuse, threaten, or harass another
person.

(2)
No person shall knowingly
post a text or audio statement or an image on an internet web site or web page
for the purpose of abusing, threatening, or harassing another person.

(C)

(1)
Whoever violates this section is guilty of
telecommunications harassment.

(2)
A
violation of division (A)(1), (2), (3), (5) ,(6). (7). (8).
(9). (10). or (11) or (B) of this section is a misdemeanor of the first
degree on a first offense and a felony of the fifth degree on each subsequent
offense.

(3)
Except as otherwise provided in division (C)(3) of
this section, a violation of division (A) (4) of this section is a misdemeanor
of the first degree on a first offense and a felony of the fifth degree on each
subsequent offense. If a violation of division (A)(4) of this section results
in economic harm of one thousand dollars or more but less than seven thousand
five hundred dollars, telecommunications harassment is a felony of the fifth
degree. If a violation of division (A)(4) of this section results in economic
harm of seven thousand five hundred dollars or more but less than one hundred
fifty thousand dollars, telecommunications harassment is a felony of the fourth
degree. If a violation of division (A)(4) of this section results in economic
harm of one hundred fifty thousand dollars or more, telecommunications
harassment is a felony of the third degree.

(D)
No
cause of action may be asserted in any court of this state against any provider
of a telecommunications service, interactive computer
service as defined in section 230 of Title 47 of the United States Code,
or information service, or against any officer, employee, or agent of a
telecommunication service, interactive computer service
as defined in section 230 of Title 47 of the United States Code, or
information service, for any injury, death, or loss to person or property that
allegedly arises out of the provider's, officer's, employee's, or agent's
provision of information, facilities, or assistance in accordance with the
terms of a court order that is issued in relation to the investigation or
prosecution of an alleged violation of this section. A provider of a
telecommunications service, interactive computer
service as defined in section 230 of Title 47 of the United States Code,
or information service, or an officer, employee, or agent of a
telecommunications service, interactive computer
service as defined in section 230 of Title 47 of the United States Code.
or information service, is immune from any civil or criminal liability for
injury, death, or loss to person or property that allegedly arises out of the
provider's, officer's, employee's, or agent's provision of information,
facilities, or assistance in accordance with the terms of a court order that is
issued in relation to the investigation or prosecution of an alleged violation
of this section.

(E)

(1)
This section does not
apply to a person solely because the person provided access or connection to or
from an electronic method of remotely transferring information not under that
person's control, including having provided capabilities that are incidental to
providing access or connection to or from the electronic method of remotely
transferring the information, and that do not include the creation of the
content of the material that is the subject of the access or connection. In
addition, any person providing access or connection to or from an electronic
method of remotely transferring information not under that person's control
shall not be liable for any action voluntarily taken in good faith to block the
receipt or transmission through its service of any information that the person
believes is. or will be sent, in violation of this section.

(2)
Division (E)(1) of this section does not create an
affirmative duty for any person providing access or connection to or from an
electronic method of remotely transferring information not under that person's
control to block the receipt or transmission through its service of any
information that it believes is. or will be sent, in violation of this section
except as otherwise provided by law.

(3)
Division (E)(1) of this section does not apply to a
person who conspires with a person actively involved in the creation or knowing
distribution of material in violation of this section or who knowingly
advertises the availability of material of that nature.

(4)
A provider or user of an interactive computer service,
as defined in section 230 of Title 47 of the United States Code, shall neither
be treated as the publisher or speaker of any information provided by another
information content provider, as defined in section 230 of Title 47 of the
United States Code, nor held civilly or criminally liable for the creation or
development of information provided by another information content provider, as
defined in section 230 of Title 47 of the United States Code. Nothing in this
division shall be construed to protect a person from liability to the extent
that the person developed or created any content in violation of this
section.

(F)
Divisions (A)(5) to (11) and (B)(2) of this section do
not apply to a person who, while employed or contracted by a newspaper,
magazine, press association, news agency, news wire service, cable channel or
cable operator, or radio or television station, is gathering, processing.
transmitting, compiling, editing, or disseminating information for the general
public within the scope of the person's employment in that capacity or the
person's contractual authority in that capacity.

(G)
As
used in this section:

(1)
"Economic
harm" means all direct, incidental, and consequential pecuniary harm suffered
by a victim as a result of criminal conduct. "Economic harm" includes, but is
not limited to, all of the following:

(a)
All
wages, salaries, or other compensation lost as a result of the criminal
conduct;

(b)
The cost of
all wages, salaries, or other compensation paid to employees for time those
employees are prevented from working as a result of the criminal
conduct;

(c)
The overhead
costs incurred for the time that a business is shut down as a result of the
criminal conduct;

(d)
The loss of
value to tangible or intangible property that was damaged as a result of the
criminal conduct.

(2)
"Caller" means the person described in division (A) of this section who makes
or causes to be made a telecommunication or who permits a telecommunication to
be made from a telecommunications device under that person's control.

(3)
"Telecommunication" and "telecommunications device" have the same meanings as
in section 2913.01 of the Revised
Code.

(4)
"Sexual
activity" has the same meaning as in section
2907.01 of the Revised
Code.

(5)
"Family or household member" means any of the
following:

(a)
Any of the following who is residing or has resided with
the recipient of the telecommunication against whom the act prohibited in
division (A)(9) of this section is committed:

(i)
A spouse, a person living as a spouse, or a former spouse
of the recipient;

(ii)
A parent, a foster parent, or a child of the recipient, or
another person related by consanguinity or affinity to the
recipient;

(iii)
A parent or a child of a spouse, person living as a spouse,
or former spouse of the recipient, or another person related by consanguinity
or affinity to a spouse, person living as a spouse, or former spouse of the
recipient.

(b)
The natural parent of any child of whom the recipient of
the telecommunication against whom the act prohibited in division (A)(9) of
this section is committed is the other natural parent or is the putative other
natural parent.

(6)
"Person living as a spouse" means a person who is living or
has lived with the recipient of the telecommunication against whom the act
prohibited in division (A)(9) of this section is committed in a common law
marital relationship, who otherwise is cohabiting with the recipient, or who
otherwise has cohabited with the recipient within five years prior to the date
of the alleged commission of the act in question.

(7)
"Cable operator" has the same meaning as in section
1332.21 of the Revised
Code.

(H)
Nothing in this section prohibits a person from
making a telecommunication to a debtor that is in compliance with the "Fair
Debt Collection Practices Act," 91 Stat. 874 (1977),
15 U.S.C. 1692, as amended, or the "Telephone Consumer
Protection Act," 105 Stat. 2395 (l"1),
47 U.S.C. 227, as amended.

(A)
No
person shall cause the evacuation of any public place, or otherwise cause
serious public inconvenience or alarm, by doing any of the following:

(1)
Initiating or circulating a report or warning of an alleged or impending fire,
explosion, crime, or other catastrophe, knowing that such report or warning is
false;

(2)
Threatening to
commit any offense of violence;

(3)
Committing any offense, with reckless disregard of the likelihood that its
commission will cause serious public inconvenience or
alarm.

(B)
Division (A)(1) of this section does not apply to
any person conducting an authorized fire or emergency drill.

(C)

(1)
Whoever violates this section is guilty
of inducing panic.

(2)
Except as otherwise provided in division (C)(3),
(4), (5), (6), (7), or (8) of this section, inducing panic is a misdemeanor of
the first degree.

(3)
Except as otherwise provided in division (C)(4),
(5), (6), (7), or (8) of this section, if a violation of this section results
in physical harm to any person, inducing panic is a felony of the fourth
degree.

(4)
Except as otherwise provided in division (C)(5),
(6), (7), or (8) of this section, if a violation of this section results in
economic harm, the penalty shall be determined as follows:

(a)
If
the violation results in economic harm of one thousand dollars or more but
less than seven thousand five
hundred dollars and if division (C)(3) of this section does not apply,
inducing panic is a felony of the fifth degree.

(b)
If
the violation results in economic harm of seven thousand
five hundred dollars or more but less than one
hundred fifty thousand dollars, inducing panic is
a felony of the fourth degree.

(c)
If
the violation results in economic harm of one hundred fifty thousand dollars or more, inducing panic is a
felony of the third degree.

(5)
If
the public place involved in a violation of division (A)(1) of this section is
a school or an institution of higher education, inducing panic is a felony of
the second degree.

(6)
If the violation pertains to a purported,
threatened, or actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or (8) of this section, inducing
panic is a felony of the fourth degree.

(7)
If
the violation pertains to a purported, threatened, or actual use of a weapon of
mass destruction, and except as otherwise provided in division (C)(5) of this
section, if a violation of this section results in physical harm to any person,
inducing panic is a felony of the third degree.

(8)
If
the violation pertains to a purported, threatened, or actual use of a weapon of
mass destruction, and except as otherwise provided in division (C)(5) of this
section, if a violation of this section results in economic harm of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree.

(D)

(1)
It is not a
defense to a charge under this section that pertains to a purported or
threatened use of a weapon of mass destruction that the offender did not
possess or have the ability to use a weapon of mass destruction or that what
was represented to be a weapon of mass destruction was not a weapon of mass
destruction.

(2)
Any act that is a violation of this section and
any other section of the Revised Code may be prosecuted under this section, the
other section, or both sections.

(E)
As
used in this section:

(1)
"Economic
harm" means any of the following:

(a)
All direct,
incidental, and consequential pecuniary harm suffered by a victim as a result
of criminal conduct. "Economic harm" as described in this division includes,
but is not limited to, all of the following:

(i)
All
wages, salaries, or other compensation lost as a result of the criminal
conduct;

(ii)
The cost of
all wages, salaries, or other compensation paid to employees for time those
employees are prevented from working as a result of the criminal
conduct;

(iii)
The overhead
costs incurred for the time that a business is shut down as a result of the
criminal conduct;

(iv)
The loss of
value to tangible or intangible property that was damaged as a result of the
criminal conduct.

(b)
All
costs incurred by the state or any political subdivision as a result of, or in
making any response to, the criminal conduct that constituted the violation of
this section or section
2917.32 of the Revised Code,
including, but not limited to, all costs so incurred by any law enforcement
officers, firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.

(2)
"School" means any school operated by a board of education or any school for
which the state board of education prescribes minimum standards under section
3301.07 of the Revised Code,
whether or not any instruction, extracurricular activities, or training
provided by the school is being conducted at the time a violation of this
section is committed.

(3)
"Weapon of
mass destruction" means any of the following:

(a)
Any
weapon that is designed or intended to cause death or serious physical harm
through the release, dissemination, or impact of toxic or poisonous chemicals,
or their precursors;

(b)
Any weapon
involving a disease organism or biological agent;

(c)
Any
weapon that is designed to release radiation or radioactivity at a level
dangerous to human life;

(d)
Any of the
following, except to the extent that the item or device in question is
expressly excepted from the definition of "destructive device" pursuant to
18 U.S.C. 921(a)(4) and regulations
issued under that section:

(i)
Any explosive,
incendiary, or poison gas bomb, grenade, rocket having a propellant charge of
more than four ounces, missile having an explosive or incendiary charge of more
than one-quarter ounce, mine, or similar device;

(ii)
Any
combination of parts either designed or intended for use in converting any item
or device into any item or device described in division (E)(3)(d)(i) of this
section and from which an item or device described in that division may be
readily assembled.

(4)
"Biological agent" has the same meaning as in section
2917.33 of the Revised
Code.

(5)
"Emergency
medical services personnel" has the same meaning as in section
2133.21 of the Revised
Code.

(6)
"Institution
of higher education" means any of the following:

(a)
A
state university or college as defined in division (A)(1) of section
3345.12 of the Revised Code,
community college, state community college, university branch, or technical
college;

(b)
A private,
nonprofit college, university or other post-secondary institution located in
this state that possesses a certificate of authorization issued by the Ohio
board of regents pursuant to Chapter 1713. of the Revised Code;

(c)
A
post-secondary institution with a certificate of registration issued by the
state board of career colleges and schools under Chapter 3332. of the Revised
Code.

(1)
Initiate or circulate a report or warning of an alleged or impending fire,
explosion, crime, or other catastrophe, knowing that the report or warning is
false and likely to cause public inconvenience or alarm;

(2)
Knowingly cause a false alarm of fire or other emergency to be transmitted to
or within any organization, public or private, for dealing with emergencies
involving a risk of physical harm to persons or property;

(3)
Report to any law enforcement agency an alleged offense or other incident
within its concern, knowing that such offense did not
occur.

(B)
This section does not apply to any person
conducting an authorized fire or emergency drill.

(C)

(1)
Whoever violates this section is guilty
of making false alarms.

(2)
Except as otherwise provided in division (C)(3),
(4), (5), or (6) of this section, making false alarms is a misdemeanor of the
first degree.

(3)
Except as otherwise provided in division (C)(4) of
this section, if a violation of this section results in economic harm of
one
thousand dollars or more but less than seven thousand
five hundred dollars, making false alarms is a
felony of the fifth degree.

(4)
If a
violation of this section pertains to a purported, threatened, or actual use of
a weapon of mass destruction, making false alarms is a felony of the third
degree.

(5)
If a violation of this section results in economic
harm of seven thousand five
hundred dollars or more but less than one hundred fifty thousand dollars and if division (C)(4) of this
section does not apply, making false alarms is a felony of the fourth
degree.

(6)
If a violation of this section results in economic
harm of one hundred fifty thousand dollars or
more, making false alarms is a felony of the third degree.

(D)

(1)
It is not a defense to a charge under
this section that pertains to a purported or threatened use of a weapon of mass
destruction that the offender did not possess or have the ability to use a
weapon of mass destruction or that what was represented to be a weapon of mass
destruction was not a weapon of mass destruction.

(2)
Any
act that is a violation of this section and any other section of the Revised
Code may be prosecuted under this section, the other section, or both
sections.

(E)
As used in this section, "economic harm" and
"weapon of mass destruction" have the same meanings as in section
2917.31 of the Revised
Code.

(A)
No
person, without privilege to do so, shall manufacture, possess, sell, deliver,
display, use, threaten to use, attempt to use, conspire to use, or make readily
accessible to others a hoax weapon of mass destruction with the intent to
deceive or otherwise mislead one or more persons into believing that the hoax
weapon of mass destruction will cause terror, bodily harm, or property damage.

(B)
This section does not apply
to any member or employee of the armed forces of the United States, a
governmental agency of this state, another state, or the United States, or a
private entity, to whom all of the following apply:

(1)
The member or employee otherwise is
engaged in lawful activity within the scope of the member's or employee's
duties or employment.

(2)
The
member or employee otherwise is duly authorized or licensed to manufacture,
possess, sell, deliver, display, or otherwise engage in activity as described
in division (A) of this section.

(3)
The member or employee is in compliance
with applicable federal and state law.

(C)
Whoever violates this section is guilty of
unlawful possession or use of a hoax weapon of mass destruction, a felony of
the fourth degree.

(D)
Any act
that is a violation of this section and any other section of the Revised Code
may be prosecuted under this section, the other section, or both sections.

(E)
As used in this section:

(1)
"Hoax weapon of mass destruction" means
any device or object that by its design, construction, content, or
characteristics appears to be, appears to constitute, or appears to contain, or
is represented as being, constituting, or containing, a weapon of mass
destruction and to which either of the following applies:

(a)
It is, in fact, an inoperative facsimile,
imitation, counterfeit, or representation of a weapon of mass destruction that
does not meet the definition of a weapon of mass destruction.

(b)
It does not actually contain or
constitute a weapon, biological agent, toxin, vector, or delivery system.

(2)
"Biological agent"
means any microorganism, virus, infectious substance, or biological product
that may be engineered through biotechnology, or any naturally occurring or
bioengineered component of any microorganism, virus, infectious substance, or
biological product that may be engineered through biotechnology, capable of
causing any of the following:

(a)
Death,
disease, or other biological malfunction in a human, an animal, a plant, or
another living organism;

(b)
Deterioration of food, water, equipment, supplies, or material of any kind;

(c)
Deleterious alteration of the
environment.

(3)
"Toxin"
means the toxic material of plants, animals, microorganisms, viruses, fungi, or
infectious substances or a recombinant molecule, whatever its origin or method
of reproduction, including, but not limited to, any of the following:

(a)
Any poisonous substance or biological
product that may be engineered through biotechnology and that is produced by a
living organism;

(b)
Any poisonous
isomer or biological product, homolog, or derivative of any substance or
product described in division (D)(3)(a) of this section.

(4)
"Delivery system" means any of the
following:

(a)
Any apparatus, equipment,
device, or means of delivery specifically designed to deliver or disseminate a
biological agent, toxin, or vector;

(b)
Any vector.

(5)
"Vector" means a living organism or
molecule, including a recombinant molecule or biological product that may be
engineered through biotechnology, capable of carrying a biological agent or
toxin to a host.

(6)
"Weapon of
mass destruction" has the same meaning as in section
2917.31 of the Revised Code.

(1)
"Live entertainment performance" means any live speech; any live musical
performance, including a concert; any live dramatic performance; any live
variety show; and any other live performance with respect to which the primary
intent of the audience can be construed to be viewing the performers. A "live
entertainment performance" does not include any form of entertainment with
respect to which the person purchasing a ticket routinely participates in
amusements as well as views performers.

(2)
"Restricted entertainment area" means any
wholly or partially enclosed area, whether indoors or outdoors, that has
limited access through established entrances, or established
turnstiles or similar devices.

(3)
"Concert" means a musical performance of which the primary component is a
presentation by persons singing or playing musical instruments, that is
intended by its sponsors mainly, but not necessarily exclusively, for the
listening enjoyment of the audience, and that is held in a facility. A
"concert" does not include any performance in which music is a part of the
presentation and the primary component of which is acting, dancing, a motion
picture, a demonstration of skills or talent other than singing or playing an
instrument, an athletic event, an exhibition, or a speech.

(4)
"Facility" means any structure that has a roof or partial roof and that has
walls that wholly surround the area on all sides, including, but not limited
to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall,
convention center, or music hall.

(5)
"Person" includes, in addition to an individual or entity specified in division
(C) of section
1.59 of the
Revised Code, any governmental entity.

(B)

(1)
No person
shall sell, offer to sell, or offer in return for a donation any ticket that is
not numbered and that does not correspond to a specific seat for admission to
either of the following:

(a)
A live
entertainment performance that is not exempted under division (D) of this
section, that is held in a restricted entertainment area, and for which more
than eight thousand tickets are offered to the public;

(b)
A concert that is not exempted under division (D) of this section and for which
more than three thousand tickets are offered to the public.

(2)
No person shall advertise any live entertainment
performance as described in division (B)(1)(a) of this section or any concert
as described in division (B)(1)(b) of this section, unless the advertisement
contains the words "Reserved Seats Only."

(C)
Unless exempted by division (D)(1) of this
section, no person who owns or operates any restricted entertainment area shall
fail to open, maintain, and properly staff at least the number of entrances
designated under division (E) of this section for a minimum of ninety minutes
prior to the scheduled start of any live entertainment performance that is held
in the restricted entertainment area and for which more than three thousand
tickets are sold, offered for sale, or offered in return for a
donation.

(D)

(1)
A live
entertainment performance, other than a concert, is exempted from the
provisions of divisions (B) and (C) of this section if both of the following
apply:

(a)
The
restricted entertainment area in which the performance is held has at least
eight entrances or, if both entrances and separate admission
turnstiles or similar devices are used, has at least
eight turnstiles or similar devices;

(b)
The eight entrances or, if applicable, the
eight turnstiles or similar devices are opened, maintained,
and properly staffed at least one hour prior to the scheduled start of the
performance.

(2)

(a)
The chief of the police department of a
township police district or joint police district
in the case of a facility located within the district, the officer responsible
for public safety within a municipal corporation in the case of a facility
located within the municipal corporation, or the county sheriff in the case of
a facility located outside the boundaries of a township or joint police district or municipal corporation may,
upon application of the sponsor of a concert covered by division (B) of this
section, exempt the concert from the provisions of that division if the
official finds that the health, safety, and welfare of the participants and
spectators would not be substantially affected by failure to comply with the
provisions of that division.

(i)
The size
and design of the facility in which the concert is scheduled;

(ii)
The
size, age, and anticipated conduct of the crowd expected to attend the
concert;

(iii)
The
ability of the sponsor to manage and control the expected crowd.

If the sponsor of any
concert desires to obtain an exemption under this division, the sponsor shall
apply to the appropriate official on a form prescribed by that official. The
official shall issue an order that grants or denies the exemption within five
days after receipt of the application. The sponsor may appeal any order that
denies an exemption to the court of common pleas of the county in which the
facility is located.

In determining
whether to grant an exemption, the official shall consider the following
factors:

(b)
If an official grants an exemption under division
(D)(2)(a) of this section, the official shall designate an on-duty law
enforcement officer to be present at the concert. The designated officer has
authority to issue orders to all security personnel at the concert to protect
the health, safety, and welfare of the participants and spectators.

(3)
Notwithstanding division (D)(2) of this section,
in the case of a concert held in a facility located on the campus of an
educational institution covered by section
3345.04 of the Revised Code, a
state university law enforcement officer appointed pursuant to sections
3345.04 and
3345.21 of the Revised Code shall
do both of the following:

(a)
Exercise
the authority to grant exemptions provided by division (D)(2)(a) of this
section in lieu of an official designated in that division;

(b)
If the officer grants an exemption under division (D)(3)(a) of this section,
designate an on-duty state university law enforcement officer to be present at
the concert. The designated officer has authority to issue orders to all
security personnel at the concert to protect the health, safety, and welfare of
the participants and spectators.

(E)

(1)
Unless a
live entertainment performance is exempted by division (D)(1) of this section,
the chief of the police department of a township police district
or joint police district in the case of a
restricted entertainment area located within the district, the officer
responsible for public safety within a municipal corporation in the case of a
restricted entertainment area located within the municipal corporation, or the
county sheriff in the case of a restricted entertainment area located outside
the boundaries of a township or joint police
district or municipal corporation shall designate, for purposes of division (C)
of this section, the minimum number of entrances required to be opened,
maintained, and staffed at each live entertainment performance so as to permit
crowd control and reduce congestion at the entrances. The designation shall be
based on such factors as the size and nature of the crowd expected to attend
the live entertainment performance, the length of time prior to the live
entertainment performance that crowds are expected to congregate at the
entrances, and the amount of security provided at the restricted entertainment
area.

(2)
Notwithstanding division (E)(1) of this section, a
state university law enforcement officer appointed pursuant to sections
3345.04 and
3345.21 of the Revised Code shall
designate the number of entrances required to be opened, maintained, and
staffed in the case of a live entertainment performance that is held at a
restricted entertainment area located on the campus of an educational
institution covered by section
3345.04 of the Revised
Code.

(F)
No person shall enter into any contract for a live
entertainment performance, that does not permit or require compliance with this
section.

(G)

(1)
This
section does not apply to a live entertainment performance held in a restricted
entertainment area if one admission ticket entitles the holder to view or
participate in three or more different games, rides, activities, or live
entertainment performances occurring simultaneously at different sites within
the restricted entertainment area and if the initial admittance entrance to the
restricted entertainment area, for which the ticket is required, is separate
from the entrance to any specific live entertainment performance and an
additional ticket is not required for admission to the particular live
entertainment performance.

(2)
This section does not apply to a symphony
orchestra performance, a ballet performance, horse races, dances, or
fairs.

(H)
This section does not prohibit the legislative
authority of any municipal corporation from imposing additional requirements,
not in conflict with this section, for the promotion or holding of live
entertainment performances.

(I)
Whoever violates division (B), (C), or (F) of this
section is guilty of a misdemeanor of the first degree. If any individual
suffers physical harm to the individual's person as a result of a violation of
this section, the sentencing court shall consider this factor in favor of
imposing a term of imprisonment upon the offender.

(A)
No
person shall evade the payment of the known fares of a public transportation
system.

(B)
No person shall alter
any transfer, pass, ticket, or token of a public transportation system with the
purpose of evading the payment of fares or of defrauding the system.

(C)
No person shall do any of the following
while in any facility or on any vehicle of a public transportation system:

(1)
Play sound equipment without the proper
use of a private earphone;

(2)
Smoke, eat, or drink in any area where the activity is clearly marked as being
prohibited;

(3)
Expectorate upon a
person, facility, or vehicle.

(D)
No person shall write, deface, draw, or otherwise
mark on any facility or vehicle of a public transportation system.

(E)
No person shall fail to comply with a
lawful order of a public transportation system police officer, and no person
shall resist, obstruct, or abuse a public transportation police officer in the
performance of the officer's duties.

(F)
Whoever violates this section is guilty of
misconduct involving a public transportation system.

(1)
Violation of division (A), (B), or (E) of
this section is a misdemeanor of the fourth degree.

(2)
Violation of division (C) of this section
is a minor misdemeanor on a first offense. If a person previously has been
convicted of or pleaded guilty to a violation of any division of this section
or of a municipal ordinance that is substantially similar to any division of
this section, violation of division (C) of this section is a misdemeanor of the
fourth degree.

(3)
Violation of
division (D) of this section is a misdemeanor of the third degree.

(G)
Notwithstanding any
other provision of law, seventy-five per cent of each fine paid to satisfy a
sentence imposed for a violation of this section shall be deposited into the
treasury of the county in which the violation occurred and twenty-five per cent
shall be deposited with the county transit board, regional transit authority,
or regional transit commission that operates the public transportation system
involved in the violation, unless the board of county commissioners operates
the public transportation system, in which case one hundred per cent of each
fine shall be deposited into the treasury of the county.

(H)
As used in this section, "public transportation
system" means a county transit system operated in accordance with sections
306.01 to
306.13 of the Revised Code, a
regional transit authority operated in accordance with sections
306.30 to
306.71 of the Revised Code, or a
regional transit commission operated in accordance with sections
306.80 to
306.90 of the Revised Code.

(A)
No
person shall, with intent to identify a building as a block parent home or
building, display the block parent symbol adopted by the state board of
education pursuant to former section
3301.076 of the Revised Code prior
to its repeal on the effective date of this amendment.

(B)
No person shall, with intent to identify a
building as a block parent home or building, display a symbol that falsely
gives the appearance of being the block parent symbol adopted by the state
board of education pursuant to former section
3301.076 of the Revised Code prior
to its repeal on the effective date of this amendment.

(C)
No person, with intent to identify a home or
building as a mcgruff house program home or building, shall display the mcgruff
house symbol adopted by the division of criminal justice services in the state
department of public safety pursuant to section
5502.62 of the Revised Code unless
authorized in accordance with that section, any rule adopted pursuant to that
section, or section
3313.206 of the Revised Code.

(D)
No person, with intent to
identify a home or building as a mcgruff house program home or building, shall
display a symbol that falsely gives the appearance of being the mcgruff house
symbol adopted by the division of criminal justice services in the state
department of public safety pursuant to section
5502.62 of the Revised Code or any
rule adopted pursuant to that section.

(E)

(1)
Whoever
violates division (A) or (B) of this section is guilty of unauthorized use of a
block parent symbol, a minor misdemeanor.

(2)
Whoever violates division (C) or (D) of this
section is guilty of unauthorized use of a mcgruff house symbol, a minor
misdemeanor.

As used in this section, "infectious agent" means a
microorganism such as a virus, bacterium, or similar agent that causes disease
or death in human beings.

(A)
No
person shall knowingly possess, send, receive, or cause to be sent or received
an isolate or derivative of an isolate of an infectious agent, except as
permitted by division (B) of this section.

(B)
A person may possess, send, receive, or cause to
be sent or received an isolate or derivative of an isolate of an infectious
agent as permitted by state or federal law, including for purposes of
biomedical or biotechnical research or production, provision of health care
services, or investigation of disease by public health agencies.

(C)
Whoever violates this section is guilty
of improperly handling infectious agents, a felony of the second degree.